- 10 - files a petition alleging some error in the determination of the penalty, the taxpayer’s challenge generally will succeed unless the Commissioner produces evidence that the penalty is appropriate. Swain v. Commissioner, supra at ___ (slip op. at 12). The Commissioner, however, does not have the obligation to introduce evidence regarding reasonable cause or substantial authority. Higbee v. Commissioner, supra at 446-447. Respondent submitted, and the Court received as evidence, petitioner’s 1997 tax return, Forms W-2 and 1099 issued to petitioner, and several documents petitioner submitted to the IRS. Furthermore, as noted supra, petitioner is deemed to have admitted certain facts. On the basis of the evidence, we find that petitioner had a substantial understatement of income tax.7 Petitioner did not present any evidence indicating reasonable cause or substantial authority. Id. Accordingly, on this issue, we sustain respondent’s determination. C. Conclusion We have sustained all of respondent's determinations. Therefore, we shall enter a decision for respondent. III. Section 6673(a)(1) Section 6673(a) authorizes this Court to penalize up to 7 Petitioner was required to show $8,339 of tax on her 1997 return; however, she reported zero. Petitioner’s understatement exceeds both 10 percent of the tax required to be shown on her return ($834) and $5,000.Page: Previous 1 2 3 4 5 6 7 8 9 10 11 Next
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